Helen M. Donner v. Jacquelynn R. Aldrich et al. (2011)

RULING ON DISCOVERY DISPUTE (# s 119.00 and 120.00)

The court has examined the documents submitted in camera for the purpose of determining whether redactions sought by the plaintiff fall within the ambit of this court's order limiting discovery of these documents to diagnostic and treatment needs concerning the patient's lyme disease which relates to the claimed injured shoulder(s.)   By agreement, body parts have been expanded to include neck and back.

As a preliminary matter the court notes that much of the material appearing in these records is unreadable.   To the extent that the court was able to decipher the hand written entries, all proposed redactions are approved except for the following which must be disclosed.

(1) 7/31/06—Dr. Patterson–Marshall, p. 54—disclose arthritis if it relates to any of the claimed body parts;

(2) 7/31/06—Dr. Patterson–Marshall, p. 57—disclose “possible reoccurrence of Lyme symptoms.” (unable to read remainder of entry);

(3) 3/10/06—Dr. Patterson–Marshall, p. 59—disclose “body aches are returning.”;

(4) 3/14/05—p. 14—”Lyme ․ the patient has improved this past (unreadable) but is very upset about the chronicity of her disease.   She continues to relapse.”;

(5) 2/16/05—p. 18—”Lyme ․ Pt. has improved in some areas.”;

(6) 1/20/05—p. 24—”Lyme ․ Pt relapsing ․ She keeps going downhill.”;

(7) 12/8/04—p. 26—”Lyme ․ patient has improved significantly on this regimen.”;

(8) 11/11/04—p. 30—”Lyme ․ Pt doing very well.”;

(9) 10/11/04—p. 26—”Lyme ․ Pt doing very well with this regimen ․”;

There is also included a patient prescription drug history from Rite Aid Pharmacy covering the period January 22, 2007 to November 18, 2009 listing several medications.   The court would have no way of knowing whether any of these relate to the conditions complained of or whether any of them has the ability to produce sequelae which are related to the plaintiff's complaints as a side effect or otherwise.

The plaintiff is precluded at trial from offering evidence that she suffers from any of the matters which have been redacted.   An unredacted record in legible, readable form shall be made available to the trial judge for this purpose.

So Ordered.

THE COURT

MOTTOLESE, J.T.R.

Mottolese, A. William, J.T.R.